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New York Court Orders to Apply Rehabilitation Factor Retroactively To Cases

Amazingly, a prisoner at the Mid Orange Correctional Facility in Warwick  represented himself (known as pro se) and successfully argued that the New York State Board of Parole failed to properly consider his rehabilitation before denying his parole. The case, titled Matter of Thwaites v. New York State Board of Parole, could have far reaching effects. In his decision, Judge Lawence H. Ecker was particularly scornful of the Board's approach, "The court finds the Board's decision denying parole in this case to be arbitrary and capricious, irrational, and improper based upon the more ยป